Outsourcing Justice

US Supreme Court decisions

Supreme Court: Parties Can Agree To Pre-Revolutionary Russian Law, or Tibetan Law in Their Arbitration Agreements, But Not California Law (DirecTV v. Imburgia)

Today, the Supreme Court issued its decision in DirecTV v. Imburgia (click here for a copy of the decision).  It is no surprise: the majority disdains arbitration decisions from California and views them as inherently questionable.  Six Justices voted to…

Cert Petition to Watch

The US Supreme Court recently granted an extension of time to file a cert petition in connection with a Second Circuit case involving fascinating FAA issues. The cert petition was originally due last week.

The Second Circuit’s decision in Bakoss v. Certain Underwriters at Lloyds of London, 707 F.3d 140 (2d Cir. 2013), involves disability insurance purchased by a doctor. The insurance contract provided that each party had the right to choose its own doctor to determine whether the insured was “totally disabled,” and in the event of disagreement between the two doctors, the two doctors would choose a third doctor, whose decision on this narrow issue would be final and binding.

This clause raises two important questions under the FAA.